Form XIII - Register of Appeals

Rule 21(2): Appeals:-

The procedure to be followed by the Appellate Authority for hearing appeals preferred to it under sub-section (1) of Section 48 shall be It shall pass orders giving its reasons therefor. A Register of Appeals in Form XIII shall be maintained by the Appellate Authority wherein the particulars of the appeal and summary of the final order shall be recorded.

If the employer fails to appear on the specified date, the Authority may proceed to hear and determine the application ex parte.

If the employer fails to appear on two successive dates of hearing, the Authority may dismiss the application:

Provided that an order passed under clause (b) or clause (c) above may be set aside and the application re-heard, if any good cause being shown by the defaulting party within one month from the date of the said order, after service of notice to the opposite party.

The parties shall not be entitled to produce additional evidence whether oral or documentary before the Appellate Authority. But it can be entertained on the following grounds:

  • the employer from whose order the appeal is preferred has refused to admit evidence which ought to have been admitted; or
  • the Appellate Authority requires any document to be produced or any witness to be examined to enable it to pass orders or for any other substantial cause, the Authority may allow such evidence or document to be produced or witness to be examined.

Wherever additional evidence is allowed to be produced by the Appellate Authority, it shall record the reasons for its admission.

The result of the appeal shall be communicated to the parties as soon as possible. Copies of the orders shall also be furnished to the parties if required by them. The copies shall be on stamped papers to be furnished by the parties.

References

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